Bill Text: VA SB4001 | 2019 | 1st Special Session | Prefiled


Bill Title: Firearms; control in chambers of local governing bodies.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-07-09 - Passed by indefinitely in Courts of Justice with letter (9-Y 6-N) [SB4001 Detail]

Download: Virginia-2019-SB4001-Prefiled.html
19200061D
SENATE BILL NO. 4001
Offered July 9, 2019
Prefiled July 5, 2019
A BILL to amend and reenact §15.2-915 of the Code of Virginia, relating to control of firearms; chambers of local governing bodies.
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Patron-- Edwards
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §15.2-915 of the Code of Virginia is amended and reenacted as follows:

§15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in §37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in §9.1-101, from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.

B. Any local ordinance, resolution, or motion adopted prior to the effective date of this act January 1, 1987, governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

D. Nothing in this section shall prohibit a locality from adopting an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of its local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.

E. For purposes of this section, "workplace" means "workplace of the locality."

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